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Articles Posted in child support

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Is a Parent or Spouse Who Does Not Work Available Overtime Hours Underemployed For Purposes of Calculating Child Support Obligations in New Jersey?

When calculating child support obligation, the courts first look to the Child Support Guidelines established by the Supreme Court of New Jersey. The Guidelines factor in income from all sources of both parents in order to determine the parents’ respective child support obligations.   However, when it comes to income that…

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New Jersey Appellate Division Clarifies Standard for Support When a Litigant is Disabled

This month, the Appellate Division approved for publication the case of Gormley v. Gormley, A-1428-18, (App.Div. 2019) which addressed the standard to apply in determining the income of a litigant who has been determined by the Social Security Administration to be disabled and whether the Court should impute income for someone…

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Are Alimony And/Or Child Support Obligations in New Jersey Modifiable During the Coronavirus Pandemic?

After years of a booming economy, the coronavirus pandemic has wreaked havoc on our state and national economies.  Non-essential businesses have been forced to close and millions have become unemployed.  Many others who have held onto their jobs have had their hours or pay reduced.  The pandemic has caused households…

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RESOLVING DIVORCES DURING THE PANDEMIC: PRACTICAL CONSIDERATIONS

It goes without saying that the impact of the coronavirus pandemic has been widespread and devastating. It has been dramatic and sudden. It has reached every corner of the globe. It has affected virtually every institution – political, economic and social. It has touched every community, every family and every…

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Are Federal Stimulus Checks Paid Due to the Coronavirus Pandemic Subject to Garnishment for New Jersey Child Support Arrears?

Due to COVID-19, New Jerseyeans, among others, are experiencing difficult financial times. While there has been action by the government to ease financial burdens such as staying evictions and forbearing mortgage payments, the fact of the matter is that ensuring the receipt of child support during this time is critical.…

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Co-Parenting in a Pandemic: Help for Divorced or Separated Parents

Co-parenting children when parents are separated or divorced can be challenging in normal circumstances.  One would agree, however, that times are not normal.  The country is in the midst of a pandemic due to the COVID-19 virus.  Governor Murphy has closed schools and many business, and he has directed that…

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Paternity Support Reimbursement Claims? Asking the Internet Versus Asking a Lawyer

Maury says you are NOT the father! Actually, after getting the results of a genetic or  DNA test, you discover that you are not the father of the child you were led to believe was yours and had been supporting.  Rather, the child you have been supporting was the offspring…

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TAX UNDER-WITHHOLDING: EXERCISE CAUTION IN NEGOTIATING SUPPORT OBLIGATIONS

At the end of 2017, the U.S. Congress passed the most sweeping tax changes in over 30 years, referred to as the Tax Cuts and Jobs Act of 2017 (TCJA). While there were many provisions of the federal tax laws which were impacted, the most publicized changes were the reductions…

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Celebrity Child Support Disputes Illustrative on the Process of Modifying Child Support

It is not unusual for a parent to claim that they are paying too much in child support or for a parent to claim that they are not receiving enough child support.  In recent celebrity news, Robert Kardashian is claiming the former.  According to an article in People Magazine, Mr. Kardashian claims…

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Economic Recovery in New Jersey for One Parent Where the Other Parent Does Not Exercise Parenting Time

A frequent post-divorce concern or criticism often heard from the parent who has primary residential custody of child is that their former partner does not exercise their parenting time and that the failure of their partner to keep to the schedule has negative monetary and lifestyle implications. I have always viewed a…

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